Common use of References to Clause in Contracts

References to. other enterprise" shall include employee benefit plans; references to "fines" shall include any (i) excise taxes assessed with respect to any employee benefit plan and (ii) penalties; references to "serving at the request of the Company" shall include any service as a director, officer, employee or agent of the Company which imposes duties on, or involves services by, such director, officer, employee or agent with respect to an employee benefit plan, its participants or beneficiaries; and a person who acts in good faith and in a manner he reasonably believes to be in the interest of the participants and beneficiaries of an employee benefit plan shall be deemed to have acted in a manner "not opposed to the best interests of the Company" as referred to in this Agreement.

References to. “other enterprise" ” shall include employee benefit plans; references to "“fines" ” shall include any (i) excise taxes tax assessed with respect to any employee benefit plan and (ii) penaltiesplan; references to "“serving at the request of of” the Company" Company and/or any Subsidiary shall include any service as a director, officer, employee or agent of the Company which or any Subsidiary that imposes duties on, or involves services by, such director, officer, employee or agent with respect to an employee benefit plan, its as participants or beneficiaries; and a person who acts acted in good faith and in a the manner he reasonably believes believed to be in the interest interests of the participants and beneficiaries of an employee benefit plan shall not be deemed to have acted in a manner "“not opposed to the best interests of the Company" Company and/or Subsidiaries” as referred to in this Agreement.

References to. “other enterprise" ” shall include employee benefit plans; references to "“fines" ” shall include any (i) excise taxes tax assessed with respect to any employee benefit plan and (ii) penaltiesplan; references to "“serving at the request of the Company" ” shall include any service as a director, officer, employee or agent of the Company which imposes duties on, or involves services by, such director, officer, employee or agent with respect to an employee benefit plan, its participants or beneficiaries; and a person who acts acted in good faith and in a manner he or she reasonably believes believed to be in the interest best interests of the participants and beneficiaries of an employee benefit plan shall be deemed to have acted in a manner "“not opposed to the best interests of the Company" ” as referred to in this Agreement.